Relates to guidelines and standards for child protective services caseworker workloads.
TITLE OF BILL: An act to amend the social services law, in relation to standards for workloads for child protective services caseworkers
PURPOSE: The purpose of this bill is to lift the existing prohibition on the state creation of workload standards for Child Protective Services (CPS), foster care, preventive services and adoption services. The bill would require Office of Children and Family Services to set workload standards for CPS by October 1, 2015. Require every social services district to be in compliance with established workload standards by January 1, 2019.
SUMMARY OF PROVISIONS: The office of Children and Family Services would established workload standards, based on the New York State workload study that was funded in the SPY 2006-07 budget. Localities would have until January 1, 2018 to come into compliance with the required standards and no locality would be require to increase its workforce by more than 255 in any given state fiscal year.
JUSTIFICATION: Current state law prohibits the state from establishing workload standards for workers in child protective service, foster care, preventive services and adoption services agencies. Testimony by caseworkers made it extremely clear that the current workloads for case workers are significantly high and are inconsistent with the national workload standards for caseworkers.
In addition, the workload study conducted by the Office of Children and Family Services indicated that the high case loads for New York State's child protective and foster care workers, impede the caseworkers ability to conduct quality face-to-face time with the children in their care.
To ensure the protection of the most vulnerable in our society, the state must be allowed to established workload standards that are equitable and consistent across the state.
LEGISLATIVE HISTORY: 2009-2010: Died in Committee 2011-2012: S.1598-A - Died in Committee 2013: Died in Committee
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately; provided however, that the amendments to paragraph (c) of subdivision 1 of section 423 of the social services law made by section two of this act shall take effect October 1, 2017.
STATE OF NEW YORK ________________________________________________________________________ 1398--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. MONTGOMERY, HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- recommitted to the Committee on Social Services in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the social services law, in relation to standards for workloads for child protective services caseworkers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 20-a of the social services law, as added by chap- ter 107 of the laws of 1971, is amended to read as follows: S 20-a. Local personnel; limitations on department's power. Notwith- standing any inconsistent provision of this chapter, the board, the commissioner or the department, acting singly or in unison, shall not have the power, directly or indirectly to prescribe the number of persons to be employed in any social services district providing the district complies with the minimum federal standards relating thereto. PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS THAT SET WORKLOAD STANDARDS FOR CHILD PROTECTIVE SERVICES, FOSTER CARE, PREVENTIVE SERVICES AND ADOPTION SERVICES, WHICH STANDARDS ARE BASED ON THE NEW YORK STATE WORK- LOAD STUDY. THE OFFICE SHALL SET WORKLOAD STANDARDS FOR CHILD PROTECTIVE SERVICES BY OCTOBER FIRST, TWO THOUSAND SEVENTEEN. NO COUNTY SHALL BE REQUIRED TO INCREASE ITS CHILD PROTECTIVE WORKFORCE BY MORE THAN TWEN- TY-FIVE PERCENT IN ANY GIVEN STATE FISCAL YEAR, PROVIDED THAT EVERY SOCIAL SERVICES DISTRICT SHALL COME INTO COMPLIANCE WITH THE ESTABLISHED WORKLOAD STANDARDS BY JANUARY FIRST, TWO THOUSAND TWENTY-ONE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02730-02-4 S. 1398--A 2
S 2. Paragraph (c) of subdivision 1 of section 423 of the social services law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: (c) The child protective service shall have a sufficient staff, AS REQUIRED BY CASELOAD STANDARDS ESTABLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, of sufficient qualifications to fulfill the purposes of this title and be organized in such a way as to maximize the continuity of responsibility, care and service of individual workers toward indi- vidual children and families. A social services district shall have flexibility in assigning staff to the child protective service provided that each staff assigned to such service has the staff qualifications and has received the training required by the
[department]regulations promulgated BY THE OFFICE OF CHILDREN AND FAMILY SERVICES pursuant to subdivisions four and five of section four hundred twenty-one of this title. S 3. This act shall take effect immediately; provided however, that the amendments to paragraph (c) of subdivision 1 of section 423 of the social services law made by section two of this act shall take effect October 1, 2017.